VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02059
Package ID: USCOURTS-cofc-1_20-vv-02059
Petitioner: Megan Hebbard-Contreras
Filed: 2020-12-30
Decided: 2023-05-22
Vaccine: influenza
Vaccination date: 2019-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 57500

AI-assisted case summary:
Megan Hebbard-Contreras filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2020, alleging she suffered a Table Injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccine administered on October 9, 2019. The respondent conceded that the petitioner met the criteria for SIRVA as a Table injury and that all other statutory and jurisdictional requirements were satisfied, including timely filing, vaccination within the United States, and suffering residual effects for more than six months. A ruling on entitlement was issued on February 22, 2023, finding the petitioner entitled to compensation. Subsequently, on April 17, 2023, the respondent filed a proffer recommending an award of $57,500.00, which the petitioner agreed to. On May 22, 2023, the court issued a decision awarding Megan Hebbard-Contreras a lump sum payment of $57,500.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-02059-0
Date issued/filed: 2023-03-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2023) regarding 38 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:20-vv-02059-UNJ Document 41 Filed 03/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2059V
UNPUBLISHED
MEGAN HEBBARD-CONTRERAS, Chief Special Master Corcoran
Petitioner, Filed: February 22, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 30, 2020, Megan Hebbard-Contreras filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that that she suffered a Table
Injury – shoulder injury related to vaccine administration (“SIRVA”) – as a result of an
influenza (“flu”) vaccine administered on October 9, 2019. Petition at 1. Petitioner further
alleges the vaccine was administered within the United States, that she suffered the
residual effects of her injury for more than six months, and that there has been no prior
award or settlement of a civil action on her behalf as a result of her injury. See Petition at
¶¶ 2, 15-17. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-02059-UNJ Document 41 Filed 03/27/23 Page 2 of 2
On February 22, 2023, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1. Specifically, Respondent indicates that it his “position that petitioner has satisfied the
criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”) for SIRVA following the intramuscular administration of a flu
vaccine.” Id. at 6 (citing 42 C.F.R. §§ 100.3(a)(I)(B), 100.3(c)(15)). Respondent further
agrees that in regard “to other statutory and jurisdictional issues, the records show that
the case was timely filed, that the vaccine was received in the United States, and that
petitioner satisfies the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.” Id.
(citing 42 U.S.C. §§ 300aa-11(c)(1)(B)(i)(Ι), -11(c)(1)(D)(i)).
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-02059-1
Date issued/filed: 2023-05-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/21/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:20-vv-02059-UNJ Document 47 Filed 05/22/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2059V
UNPUBLISHED
MEGAN HEBBARD-CONTRERAS, Chief Special Master Corcoran
Petitioner, Filed: April 21, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
December 30, 2020, Megan Hebbard-Contreras filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). Petitioner alleges that she suffered a Table Injury – shoulder injury
related to vaccine administration (“SIRVA”) – as a result of an influenza (“flu”) vaccine
administered on October 9, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 22, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On April 17, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $57,500.00.
Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:20-vv-02059-UNJ Document 47 Filed 05/22/23 Page 2 of 5
proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $57,500.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:20-vv-02059-UNJ Document 47 Filed 05/22/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MEGAN HEBBARD-CONTRERAS, )
)
Petitioner, )
) No. 20-2059V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 30, 2020, Megan Hebbard-Contreras (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on October 9, 2019. Petition at 1. On February 22, 2023, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that
this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury,
and that same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF Nos. 37, 38.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$57,500.00 for all elements of compensation to which petitioner is entitled under 42 U.S.C.
§300aa-15(a). Petitioner agrees.

Case 1:20-vv-02059-UNJ Document 47 Filed 05/22/23 Page 4 of 5
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following:1 a lump sum payment of $57,500.00 in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Megan Hebbard-Contreras: $ 57,500.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:20-vv-02059-UNJ Document 47 Filed 05/22/23 Page 5 of 5
/s/ Mitchell Jones
MITCHEL JONES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-1748
mitchell.jones@usdoj.gov
DATED: April 17, 2023
3